DA: Arrest warrant for 49er Brooks filed in errorBy MIHIR ZAVERI , Associated Press
Jul. 3, 2013 6:17 PM ET
SAN FRANCISCO (AP) — The Santa Clara District Attorney's Office erroneously filed an arrest warrant for 49ers linebacker Ahmad Brooks after allegations that he repeatedly hit a teammate on the head with a beer bottle, a prosecutor said Wednesday.
The district attorney's office is still investigating the incident and will decide next week whether or not to bring charges, Assistant District Attorney Karyn Sinunu-Towery said. She said there is no outstanding arrest warrant.
"We haven't had time to look at everything we have and make a fair assessment of what went wrong here," she said.
Prosecutors sought the warrant last week to arrest Brooks on suspicion of committing felony assault with a deadly weapon. A judge signed it last Thursday, but the county district attorney's office asked to have it put on hold the next day, Santa Clara Superior Court spokesman Joe Macaluso said.
According to police, Brooks hit teammate Lamar Divens with the bottle three times and then punched him in the face during an early morning argument on June 8. The alleged attack left Divens with a 3-inch cut on his forehead, according to police statements accompanying the warrant application.
Brooks, Divens and others had been drinking and went to a bar before returning to Brooks' house. Divens pretended to throw Brooks' keys in the grass, though he had actually held onto the keys, prompting the attack, according to the statements.
Investigators were told Brooks was intoxicated and had threatened to get a gun, according to the statements.
A person who answered the telephone at a number listed for Brooks referred questions seeking comment to the 49ers. The team said in an email that it was aware of the situation, but would not comment for now.
Brooks started every regular-season game last season, finishing with 46 tackles, 6.5 sacks, an interception and two forced fumbles.